881.156/20

The Ambassador in France ( Herrick ) to the Secretary of State

No. 1239

Sir: I have the honor to transmit herewith copy and translation of the reply of the French Foreign Office to the note contained in the Department’s Instruction No. 123, of December 22, 1921, (File No. 881.156/17), relative to the “Société Internationale pour le Développement de Tanger”.

While the reply does not seem to be satisfactory relative to the principles enunciated in the Department’s note, yet insofar as the case of this company is concerned, the French Government states that bids will be invited from nationals of all the Powers except Germany.

I have [etc.]

Myron T. Herrick
[Enclosure—Translation3]

The French Minister for Foreign Affairs ( Poincaré ) to the American Ambassador ( Herrick )

Mr. Ambassador: By your letter no. 367 dated the 3d of this month, Your Excellency was good enough to write to my predecessor concerning the Dahir dated June 2, 1921, by which the Sultan of Morocco granted to the “Société Internationale pour le Développement de Tanger” the concession of the harbor works in that city.

The Government of the United States seems to consider this grant as contrary to the provisions of the Act of Algeciras, which it firmly desires to uphold, since it assures to American nationals an equal right to participate with the nationals of all signatory powers to that act in all public enterprises in the Shereefian Empire. The Federal Government considers the creation of a port at Tangier as a matter of general interest to the activities of all maritime powers and it expects that American capital and American interests will be represented in any plan proposed for the building of the future port.

Finally, while the American Government does not intend to intervene in discussions of a purely political character regarding the future régime of the Tangier zone, it asks to be kept informed of all negotiations directly or indirectly bearing on the construction ‘ and administration of the projected port.

[Page 722]

I have the honor to inform Your Excellency that the concession of the port of Tangier was granted by His Shereefian Majesty to the “Société Internationale pour le Développement de Tanger” pursuant to the provisions of treaties in force which permit the Moroccan Government freely to grant large public enterprises on condition that the grantee should put the construction and supplies up for public bids.

It is true that the concession grant of June 2, 1921, provided that the construction work of the port should not be opened to public bids. In effect, this arose from an arrangement concluded in 1914, a few days prior to the war, between the powers most directly interested in the matter and whose nationals had provided the capital of the “Société Internationale pour le Développement de Tanger”, that there should be no public bids for the work. I have the pleasure to inform Your Excellency, however, that steps have been taken to revoke the provision of the grant of concession of June 2 and that the construction work will be put up for public bidding by the concessionaire. The nationals of all powers (with the exception of Germans) will therefore be able to present themselves at the public bidding and compete on a footing of perfect equality.

I feel confident that this decision will afford pleasure and satisfaction to the American Government. Mr. White, United States delegate to the Allied Supreme Council, which met at the Ministry for Foreign Affairs on February 25, 1919, declared, in effect, in the name of his Government that in signing the Act of Algeciras, the Government of the United States declared that its sole desire was to assure free access to the country (Morocco) of the commerce of all nations, to facilitate its development and to increase its civilization by maintaining friendly relations with Morocco. These remain to-day the only questions in which the United States interests itself in the Moroccan problem: “the open door and cordial relations with Morocco.”

The foregoing explanations provide Your Excellency with the assurances that the régime of the open door remains in force in Morocco. I have heard from Marshal Lyautey of the cordial relations which exist in the Shereefian Empire between American citizens and the local authorities and I am happy to see that Mr. White’s wishes and desires are fully realized in Morocco.

Please accept [etc.]

R. Poincaré

  1. File translation revised.